“The Significance of Monetary Fines in Deterring Misdemeanor in Barangay

Bankal, Lapu-Lapu City”

A Thesis
Presented to the faculty of the
College of Criminal Justice Education
BS- Criminology of Sto. Niño Mactan College

In partial fulfillment of
the requirements for the Degree
Bachelor of Science in Criminology

by
Degollacion, Lou
Patigayon, Gino
Austero, Jimcil
Inot, James Ryan
Nailon, Ruby

2024
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CHAPTER 1

THE PROBLEM AND ITS SCOPE

INTRODUCTION

Rationale

Monetary fines represent a fundamental tool within the justice system to

deter individuals from engaging in misdemeanor offenses. While their efficacy
may vary, these fines play a crucial role in shaping behaviors and upholding
societal norms. One of the primary reasons monetary fines serve as a deterrent
is their direct financial impact on offenders. The prospect of losing money acts as
a powerful motivator, dissuading individuals from committing misdemeanors to
avoid the associated financial penalties.
Moreover, assessing the role of monetary fines in deterring misdemeanors
raises important questions about fairness and equity within the criminal justice
system. Should fines disproportionately burden low-income individuals or
marginalized communities, concerns about fairness and the potential
criminalization of poverty emerge. Beyond the mere loss of money, fines carry a
punitive stigma that can significantly influence an individual's decision-making
process. Knowing that their actions will result in financial repercussions
underscores the seriousness of misdemeanor offenses and serves as a
deterrent. The fear of facing societal judgment and tarnishing one's reputation
can deter individuals from engaging in criminal behavior.
The ground of this study is to explore the potential risk of the violator if
exposed in misdemeanor acts to get influenced in committing crimes. Hence,
misdemeanor acts are the root to possibly commit a crime due to the misconduct
to the violator, it creates bad habit to a person since of the wrongful acts. In
addition, misdemeanor acts serve as a structural component in the commission
of crimes, often acting as precursors or facilitators for more serious offenses. The
study aims to understand the impact of monetary fines as punishment to the
violators if commits a misdemeanor.
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The importance in this study is to determine whether the monetary fines

deter a person in committing misdemeanor, and to acknowledge the aid of
monetary fines as a compliance in city ordinances.

The researchers observe that the community situated in Barangay Bankal,

Lapu-Lapu City is succeeding to have clean environment by obeying the city
ordinances being imposed by Lapu-Lapu City government. The city ordinances
wouldn’t be compelled if there are no monetary fines being inflict to the violator.
Ultimately, the significance of studying monetary fines in deterring
misdemeanors extends to its impact on public safety and community well-being.
By explaining the factors that influence the effectiveness of fines as a deterrent,
this research can inform evidence-based approaches to monetary fines as
punishment in misdemeanor prevention. By striving to understand the
complication of this issue, policymakers and practitioners can develop strategies
that not only reduce misdemeanor crime rates but also contribute to the creation
of safer, more just communities.

Theoretical Background
This study is anchored to the Economic Theory of Crime also known as
An Economic Approach, supported by the theories Marxist Theory and Rational
Choice Theory, and other related studies.
Gary Becker(1968), an economist who developed the economic theory of
crime. Becker introduced the idea that individuals make rational decisions about
whether to commit crimes based on the expected costs and benefits, including
the probability of being caught and punished. Economic theory of crime is a
threat of a monetary fine increases the perceived cost of engaging in certain
behaviors, making individuals less likely to commit those acts.
Monetary fines, according to Becker, increase the cost of engaging in
criminal behavior and serve as a deterrent by reducing the expected benefits of
committing a crime. Becker's theory has been influential in shaping public policy
and legal approaches to crime prevention, including the use of fines as a means
of deterrence.
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This theory can assist in explaining how effective is monetary fines as

punishment deterring misdemeanor. However, it's worth noting that there are
critiques of this perspective, including concerns about its assumption of rational
decision-making and its failure to fully account for social and psychological
factors that influence behavior. Becker's contributions to the field of criminology
have had a lasting impact, shaping discussions around the use of monetary fines
as punishment and their role in deterring criminal behavior. His work continues to
be influential in both academic research and policymaking discussions
concerning crime and punishment.
Economic theory emphasis that monetary fine is concerned with the
deterring individual through their involvement to criminal/illegal activities and
concerned with how it affects the well-being. According to this theory, It predicts
individuals through making a wise decision towards their participation in any
negative act, It helps policymakers optimize their effectiveness in deterring
undesirable behavior, generating revenue, and promoting fairness and efficiency
in the legal system.
According to Marxist theory, perhaps the most influential thesis on fines is
that of the Marxists Rusche and Kirchheimer whose general case was that
punishment is neither a simple consequence of crime nor the reverse side of
crime, nor a mere means which is determined by the end to be achieved.
Punishment must be understood as a social phenomenon freed from both
its juristic concept and its social ends. We do not deny that punishment has
specific ends, but we do deny that it can be understood from its ends alone.
(1939:6) Primarily, this means that the prevailing system of punishment is to
be understood in terms of relations of production, their effects and functional
requirements.
With respect to the prison, Rusche and Kirchheimer‟s claims are well
known, and relate to training and/or disciplining the workforce. With respect to
the fine their launching point is the argument that while the fine was well
understood in principal by classical criminologists such as Bentham and
Beccaria, fines could not be deployed to any degree in the much of the 19th
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century because of the extent of poverty. The decline in unemployment and the
increase in real living standards toward the end of the 19th century
provided the conditions under which the fine could become a generally applied
sanction.
According to Rusche and Kirchheimer in this theory that, as a corollary,
during periods of depression the fine becomes less feasible, and consequently
short terms of imprisonment become more prevalent. In this view, the extent
to which the fine can be developed is thus „decisively influenced by the whole
social situation and by the conditions of the various strata.‟. Hence they
concluded that „the poorer the population of the country, the less frequent is
the use of fines for offences characteristic of the great mass of the
people‟ (1939: 171-73).
The Marxist theory supports the study through monetary fine in lessening
to violators in committing misdemeanor once more. This claim that by upholding
social control and strengthening the power of the ruling class, penalties serve the
objectives of the capitalist state. By imposing financial penalties on violators, the
barangay not only makes money but also strengthens the idea that adherence to
the law depends on one's financial situation. Furthermore, fines are a distraction
from addressing the underlying causes of inequality and social injustice,
according to Marxist theory. Monetary fines serve to uphold the status quo and
encourage existing power structures rather than addressing the underlying
causes of crime and deviance, such as poverty and economic distress.
Rational Choice Theory Rational Choice Theory is an approach used by
social scientists to understand human behavior. The approach has long been
the dominant paradigm in economics, but in recent decades it has become more
widely used in other disciplines such as Sociology, Political Science, and
Anthropology. This spread of the rational choice approach beyond conventional
economic issues is discussed by Becker (1976), Radnitzky and Bernholz (1987),
Hogarth and Reder (1987), Swedberg (1990), and Green and Shapiro (1996).
The main purpose of this paper is to provide an overview of rational choice
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theory for the non-specialist. I first outline the basic assumptions of the rational
choice approach, then I provide several examples of its use.

I have chosen my examples to illustrate how widely the rational choice method
has been applied. In this theory It also discuss some ideas as to why the rational
choice approach has become more prevalent in many disciplines in recent years.

This theory advocates this study by describing the usage of monetary

fines as compliance, this provides an example through which to view people's
decision-making processes. This theory holds that people try to determine their
utility or satisfaction by evaluating the possible costs and benefits of their
decisions. People weigh the chance of getting detected against the advantages
of their actions while facing the prospect of paying fines for engaging in illegal
activity. By making breaking the law more expensive overall, monetary fines aim
to discourage potential criminals by making breaking the law more difficult.
Furthermore, as people are compelled to follow the law in order to avoid financial
penalties, fines act as a practical inducement for compliance
According to Beckett and Harris in their study It would be almost
inconceivable for any criminologist outside the United States to argue that
monetary sanctions should be abolished in their own jurisdiction. But as Beckett
and Harris (2011, this issue) make abundantly clear, with respect to fines and
fees, the United States offers an almost unrecognizable terrain. As they argue
repeatedly, the use of financial penalties in the United States “bears no
resemblance to the use of day fines in Europe or elsewhere” However, right at
the outset, it should be made clear that day fines are not universally used outside
the United States, in fact, only a handeful of countries use them, and some
jurisdictions including the English, Dutch, French, and Australian have decided
no to go down that path (O’Malley 2009a:53-55). They have been toyed with,
never fake up, and abandoned for many reasons-including the fact that the same
offense would attract a swinging fine for a moderately wealthy person but a
piddling fine for a pauper, leading to problems with perceptions of proportionality.
Another limitation is that they work accurately only where after tax income is a
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matter of public record . Beckett and Harris tacitly assume that day fines are not
an option in the United States.

As stated, study of McDonald, this assumption can be conceded, although

trials have taken place. On the one hand, most common-law countries and many
in Europe use discretionary fines along the lines of those available in the United
States, and although these have problems, as do all sanctions, they are almost
everywhere the predominant sentencing option.
In study conducted by Becker, If the goal is to minimize the social loss in
income from offenses, and not to take vengeance or to inflict harm on offenders,
then fines should depend on the total harm done by offenders, and not directly on
their income.
According to Natapoff, the misdemeanor perspective opens up new ways
of understanding the criminal process as a whole. In particular, it reveals a
system that is neither uniform nor consistent. If we conceptualize the criminal
system as a pyramid, the lion's share of attention goes to a small but highly
visible and relatively functional top.
This holding has had vast ramifications. First, it has created a massive
class of unrepresented defendants: Non-jailable offenses do not trigger the right
to counsel at all, and courts around the country often decline to appoint lawyers
for indigent defendants who receive probation (Boruchowitz et al. 2009). It has
filled lower courts with thousands of unlawyered cases, perpetuating the quick-
and-dirty culture for which misdemeanor courts have become famous (Roberts
2011).
Involvement with the criminal justice system is associated with a range of
collateral consequences. An extensive literature documents numerous harmful
impacts of being arrested, convicted, and punished (Kirk & Wakefield, 2018),
including the imposition of legal financial obligations (LFOs), such as the fines,
fees, and costs incurred from contact with the criminal justice system.
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Monetary sanctions are often characterized as a less punitive sanction

than other forms of punishment, such as incarceration (Greene 1988; Morris and
Tonry 1991; Petersilia 1999; Tonry and Lynch 1996).

Nora Demleitner (2005) argues that monetary sanctions are an integral

part of community reintegration for people involved in the criminal legal system,
writing that they: “allow—and even require—individuals to be employed, pay
fines and make restitution, pay taxes, and assist their families.
Such demands are crucial to allowing them to regain their place in society”
(Demleitner 2005, 346). Jurisdictions across the United States rely on revenue
from monetary sanctions to fund a wide variety of justice and non–justice related
purposes, including courts and other government operations (Sances and You
2017; Martin 2018; Pacewicz and Robinson 2020).
The mechanisms and policies surrounding debt collection are important
for two key reasons: (a) they help to contextualize the adverse individual-level
consequences reported in the literature, and (b) they clarify how institutions have
responded to an increased emphasis on collecting monetary sanctions. These
institutional arrangements likely vary across jurisdictions and constitute an
important area of research as they potentially set in motion processes that
expand or retract the reach of the criminal justice system (Beckett, 2018).
The criminal legal monitoring and collection of fines, fees, and other costs
extends and deepens the punishment of nonpayers and individuals reentering
society, and warps the very legal institutions that legislate and implement these
practices (Harris, Evans, and Beckett 2010, 2011; Harris 2016; Pattillo and Kirk
2021).
At the heart of these explorations into the complex set of systems that
constitute these court costs were questions about whether Ferguson was an
outlier or whether we could see similar patterns in other locales (Harris 2016,
Henricks & Harvey 2017).
Researchers have suggested the monetary sanctions system is part and
parcel of larger policies, procedures, and legislative shifts that constitute a
punitive racialized system of processes and sanctions (Miller et al. 2018).
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THE PROBLEM

Statement of the Problem

This study pertains to determine the significance of monetary fines in

deterring misdemeanor in Barangay Bankal, Lapu-Lapu City.

Specifically, this seeks to answer the following questions:

1. What is the profile of the respondent in terms of;

1.1 Age;

1.2 Address;

1.3 Educational Attainment;

2. What are the problems encountered by the Barangay in implementing

city ordinances?

3. What are efficient ways of the Barangay Personnel in order to promote

city ordinances?
4. What monitoring has been done to foresee those violators in
misdemeanor?

5. What impact do these monetary fines have on misdemeanor?

5. What program may be addressed or proposed?

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Significance of the Study

The findings of this study are beneficial to the following:

LOCAL GOVERNMENT UNIT. The result of this study provides an insight

to the government so that they are aware of the importance to the monetary fines
as punishment to violators of misdemeanor. This will serve as their basis if
enough monetary fines can deter misdemeanor.
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES. The
agency will be benefited in this study through the effectiveness of monetary fines
in compliance to the city ordinances related to the environment.
PHILIPPINE NATIONAL POLICE. The PNP will be able to better
understand the primary aim of fines is to enforce the law and deter minor crimes,
these ancillary benefits contribute to the overall effectiveness and efficiency of
the PNP in fulfilling its mandate to maintain peace and order.
BARANGAY OFFICIALS. The results of this study will benefit the
Barangay Officials or any personnel in the locality for having a peaceful barrio
and for having a lesser violator since residents are afraid to disobey the city
ordinances for, they will face the consequences of their actions.
BUSINESS ESTABLISHMENTS. The result of this study can use the
findings to engage with local communities and law enforcement in initiatives
aimed at reducing misdemeanors, fostering goodwill and stronger community
relations. By incorporating the insights from this study, businesses can create a
more secure, efficient, and reputable environment, ultimately supporting their
operational and strategic goals.
COMMUNITY. The result of this study will help the community on
addressing common issues which can leads to a reduction in misdemeanor
offenses to ensure the community safety and security. Fines can generate
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revenue for the local government which can be used to reinvest in the community
itself such as Infrastructure, social program, and etc... to enhance the quality of
life of the residents.

STUDENTS. The result of this study will be beneficial to the student for
having an insights or knowledge about the importance of determining the
significance of fines through deterring individuals/violators in the community.
RESEARCHERS. Researchers particularly in the field of criminology can
benefit in this study through the exploration of the root cause of the criminal
behavior in this research.
FUTURE RESEARCHES. Future researchers can refer to this study
through getting ideas and information coming from various sources by offering
foundational knowledge, identifying research gaps, and providing methodological
and practical insights that benefit a wide range of future research endeavors.
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Research Methodology

This study will be using qualitative method. According to Oakley qualitative

interview is a type of framework in which the practices and standards be not only
recorded, but also achieved, challenged and as well as reinforced. As no
research interview lacks structure most of the qualitative research interviews are
either semi-structured, lightly structured or in-depth. Unstructured interviews are
generally suggested in conducting long-term field work and allow respondents to
let them express in their own ways and pace, with minimal hold on respondents’
responses.

Research Design
This study utilizes an interview method with the aid of questionnaire. This
is qualitative research: in particular, face to face questioning. Questionnaire
containing sensitive questions will be employed in gathering relevant data,
supplemented by follow-up question to questions to clarify some questions.
Hence, the emphasis of a qualitative research is to use thick, rich description to
uncover patterns in date generously provided and give voice to participants while
maintaining flexibility as the research develops (Creswell, 2007).

Research Environment
This research will be conducted on Barangay Bankal, Lapu-Lapu City, a
Barangay in which has numerous business establishments including Enterprises,
Agrivet, Apartellle, commercial stores, greengrocer, etc. According to statistics
Barangay Bankal has the population of 22,863 in 2020 census, and has the land
area of 2.442 km2. The Barangay is chosen as the basis in the study due to the
cleanliness of environment since of community compliance to city ordinances.
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Research Respondents
The researcher chooses barangay officials, sk officials, barangay staff,
barangay tanod and barangay inspector, the respondents are interviewed in
order to find out their insights, struggles and strategies in the implementation of
city ordinances in their Barangay.

Research Instrument
The primary instrument of the study is an interview guide containing open-
ended questions. The researcher will be preparing an interview guide translated
in local dialect that is used in face-to-face interview. As aid to the in-depth
interview, the researcher is going to use an audio recorder and research journal
to apprehend precisely the whole responses of the participants during interview.
Similarly, researcher was going to prepare an informed consent form translated
in English and local dialect. Further, interview guide questions both English and
local language version is validated by the adviser of the Criminological Research
to guarantee that it answers on the study phenomenon.

Research Procedure
The researcher after the approval of the study will draft a formal written
communication fixed with the signature of the criminological research Adviser of
the Sto. Nino Mactan College of Criminology and address it to the Barangay
officials in Bankal, Lapu-Lapu City asking permission to conduct a study
regarding the significance of monetary fines in deterring misdemeanor. After, the
presented letter should be approved by the Barangay Captain and SK Chairman
of the Barangay Bankal. The researcher explained verbally to the participants in
Cebuano language prior to the interview proper for the purpose, process of the
study, the nature of the study and observance of the research confidentially. The
moment the participants will agree to become part of the study, they were asked
to sign the informed consent form which is translated in the local dialect before
the researchers started the comprehensively interview which was held in their
assign area.
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Definition of Terms

MISDEMEANOR. An offense recognized in criminal law, which is more than an

infraction but less severe than a felony.

DETERRENCE. Scares the offender or the public to prevent future crimes.

COMPLIANCE. The condition of conforming to or the manner of following to set

rules or requirements.

DISOBEDIENCE. Refusal or inability to follow instructions.

MISCONDUCT. Intentional or willful violation of a public official's code of

conduct.

CRIMINAL BEHAVIOR. Acts or behaviors that are considered dangerous,

menacing, or harmful to people or society at large but which also break the law.

BARANGAY. A relatively small administrative and territorial district that makes

up the lowest level of government.

PERSONNEL INSPECTOR. Look over towards violators of city ordinances.

PLACARD. A notice posted in a public place.

SIGNBOARD. A board bearing a notice or sign.

FLYER. An advertising circular for mass distribution.

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References:

APA
Natapoff, A. (2015). Misdemeanors. Annual Review of Law and Social
Science, 11, 255-267.
https://www.annualreviews.org/content/journals/10.1146/annurev-lawsocsci-
120814-121742
APA

Link, N. W., Powell, K., Hyatt, J. M., & Ruhland, E. L. (2021). Considering the
process of debt collection in community corrections: The case of the Monetary
Compliance Unit. Journal of Contemporary Criminal Justice, 37(1), 128-147.
https://journals.sagepub.com/doi/full/10.1177/1043986220971394
APA

Harris, A., Pattillo, M., & Sykes, B. L. (2022). Studying the system of monetary
sanctions. RSF: The Russell Sage Foundation Journal of the Social
Sciences, 8(2), 1-34.
https://www.rsfjournal.org/content/rsfjss/8/2/1.full.pdf

APA

Friedman, B., Harris, A., Huebner, B. M., Martin, K. D., Pettit, B., Shannon, S. K.,
& Sykes, B. L. (2022). What Is Wrong with Monetary Sanctions? Directions for
Policy, Practice, and Research. RSF: The Russell Sage Foundation Journal of
the Social Sciences, 8(1), 221-243.
https://www.rsfjournal.org/content/8/1/221.abstract

APA
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Fernandes, A. D., Cadigan, M., Edwards, F., & Harris, A. (2019). Monetary
sanctions: A review of revenue generation, legal challenges, and reform. Annual
Review of Law and Social Science, 15, 397-413.
https://www.annualreviews.org/content/journals/10.1146/annurev-lawsocsci-
101518-042816

APA

Becker, G. S. (1968). Crime and punishment: An economic approach. Journal of

political economy, 76(2), 169-217.
https://www.journals.uchicago.edu/doi/abs/10.1086/259394

APA

“Marxist Theories of Crime: Sociology & Examples |

StudySmarter.” StudySmarter UK,
www.studysmarter.co.uk/explanations/social-studies/crime-and-
deviance/marxist-theories-of-crime/#:~:text=Marxists%20believe%20that
%20the%20cause.

APA

Green, S. L. (2002, May). Rational choice theory: An overview. In Baylor

University Faculty development seminar on rational choice theory (pp. 1-
72).
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hl=en&as_sdt=0%2C5&q=Rational+Choice+Theory%3A++An+Overview+
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APA
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Jamshed, S. (2014). Qualitative research method-interviewing and

observation. Journal of basic and clinical pharmacy, 5(4), 87.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4194943/

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 TABLE OF CONTENTS
PAGE
Title Page i
Table of Contents i

Chapter
1 THE PROBLEM AND ITS SCOPE 1
INTRODUCTION 1
Rationale 1
Theoretical Background 2

THE PROBLEM 8
Statement of the Problem 8
Significance of the study 9

RESEARCH METHODOLOGY 11

Research Design 11
Research Environment 11
Research Respondent
11 Research Instrument
12
Research Procedure 12

DEFINITION OF TERMS 13

REFERENCES 14